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HomeMy WebLinkAboutAGE COUNCIL 2022-04-06 2020-2022 ACTIONS MAILE MEDEIROS DAVID t.,OF p HOLEKA GORO INABA Chair&Presiding Officer o?IN �k+,, MATT KANEALI`I-KLEINFELDER ASHLEY L.KIERKIEWICZ AARON S. Y. CHUNG �* Vice Chair HEATHER L.KIMBALL ��.o:� SUSAN L.K.LEE LOY HERBERT M."TIM"RICHARDS,III REBECCA VILLEGAS COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 36th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii April 6, 2022 9:00 a.m. Oral Public Testimony: In-person testimony and viewing: Hilo Council Chambers, 25 Aupuni Street, 1st Floor, Room 1401, Hilo, Hawaii. To provide oral testimony via Zoom: email councilremotetestimony(a]hawaiicouno�.go or call (808) 961-8255 to complete the registration process and receive information to join the meeting via Zoom video conferencing. Please contact our office to register by 12:00 noon, Tuesday, April 5, 2022. Public Attendance and Oral Testimony via Courtesy Site is also available at the following locations: • Kona Council Office, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A; • Pahoa Council Office, 15-2879 Pahoa Village Road; and • Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109. Written Testimony: The Council encourages the public to submit thoughts, comments, and input via written testimony. To ensure timely delivery to Council Members prior to the meeting, written testimony must be submitted no later than 12:00 noon on Tuesday, April 5, 2022, by: (1) email to counciltestimony(a]hawaiicouno�.gov; (2) facsimile to (808) 961-8912; or(3) mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720. All written testimony, regardless of time of receipt, will be made a part of the permanent record. Please submit separate testimony for each item. Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Council-36 April 6,2022 INVOCATION Pastor Daniel Tomita of Kinoole Baptist Church CALL TO ORDER 9:00 a.m. ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES February 9, 2022 APPROVED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. March 9, 2022 APPROVED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 2 Hawaii County Council-36 April 6,2022 ORDER OF RESOLUTIONS Res. 345-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR SERVICE ADDENDUM WITH SUSTAINABILITY PARTNERS LLC FOR THE PROVISION OF BATTERY ELECTRIC INFRASTRUCTURE AND BATTERY ELECTRIC BUSES Authorizes the Mayor to enter into a 10-year service addendum for the construction of a new infrastructure network and the acquisition of five 35-foot electric buses. Reference: Comm. 680 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-119 ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 353-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND OF HAWAII YMCA TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF KALAMAPII PLAY SCHOOL Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 695 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 3 Hawaii County Council-36 April 6,2022 Res. 354-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE DANIEL R. SAYRE MEMORIAL FOUNDATION TO PURCHASE A WATER FILTRATION SYSTEM AND ICE MAKER FOR THE HAWAII FIRE DEPARTMENT'S KAILUA FIRE STATION IN WEST HAWAII Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Hawaii Fire Department, Fire Protection- Other Current Expenses account. Reference: Comm. 696 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 355-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION, INC., TO CONSTRUCT A VIETNAM WAR MEMORIAL Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 697 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 4 Hawaii County Council-36 April 6,2022 Res. 356-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KONA HONGWANJI MISSION TO PURCHASE PERSONAL PROTECTIVE EQUIPMENT AND SUPPLIES FOR ITS KONA HONGWANJI CUB SCOUTS PACK 12 Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 698 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 362-22: SUPPORTS THE HUAMAKAHIKINA DECLARATION ON THE INTEGRITY, STEWARDSHIP, AND PROTECTION OF HULA AS RATIFIED AT THE KUPUKALALA KUMU HULA CONVENTION HELD VIRTUALLY IN AUGUST 2021 Supports efforts to advance the practice of hula to the fullest extent possible. Reference: Comm. 707 Intr. by: Ms. David ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-36 April 6,2022 Res. 364-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO HIGH SCHOOL FOUNDATION FOR THE 2022 HILO HIGH SCHOOL PROJECT GRAD NIGHT Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 709 Intr. by: Mr. Chung ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Res. 365-22: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG, KUNIHIRO, & BROOKE, AS SPECIAL COUNSEL TO REPRESENT THE DEPARTMENT OF HUMAN RESOURCES, WORKERS' COMPENSATION DIVISION Extends the retention of special counsel services with additional compensation of $60,000 and total compensation not to exceed $610,000. Reference: Comm. 710 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership,pursuant to Section 6-5.5, Hawaii County Charter ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 6 Hawaii County Council-36 April 6,2022 Res. 366-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL, HAWAII CRIMINAL JUSTICE DATA CENTER Allows for the establishment of terms and conditions under which criminal history record checks will be provided to the County Vehicle Registration and Licensing Division in compliance with the Real ID Act. Reference: Comm. 711 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 137: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT `O`OMA 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-017:024 Approve: PC-54 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. and (Bill 138 continues on the next page.) Page 7 Hawaii County Council-36 April 6,2022 Bill 138: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE (A-la) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT `O`OMA 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-017:024 (Applicant: Aaron Nuola Kahananui) (Area: .992 Acre) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map and change of zone, which would allow the applicant to seek subdivision of the property into two residential lots for estate planning purposes. The property is located at 73-4413 Hawaii Belt Road, approximately 100 feet southeast of its intersection with Kalaoa Street in North Kona. Reference: Comm. 676 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-55 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 139: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Federal Grants —Mainstream Voucher Administration account($45,000); and appropriates the same to the Office of Housing Other Current Expenses account, for a total appropriation of$51,679. Reference: Comm. 677 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-120 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 8 Hawaii County Council-36 April 6,2022 Bill 140: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal Grants —Home Program—Tenant Based Rental Assistance Fraud Recovery Income account($5,000); and appropriates the same to the Home Program —Tenant Based Rental Assistance Fraud Recovery Income account. Reference: Comm. 678 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-121 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 141: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALS ORDINANCE NO. 21-35 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2022 Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, Student Helpers, and Senior Community Services Aids for various County agencies. Reference: Comm. 679 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-122 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 9 Hawaii County Council-36 April 6,2022 Bill 145: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Fund Balance from Previous Year account($735,600); and appropriates the same to the following accounts: Planning Other Current Expenses ($110,000), Transfer to Sewer Fund ($55,000), Transfer to Solid Waste Fund ($106,000), Transfer to Golf Course Fund($15,000), and Provision for Compensation Adjustment—General ($449,600). Funds would be used to cover the cost items agreed to between the County and the United Public Workers Bargaining Unit 1 and employees excluded from Bargaining Unit 1, and to cover other unanticipated costs that have arisen throughout the year. Approve: FC-123 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. ; and Bill 146: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Transfer from General Fund account($55,000); and appropriates the same to the Wastewater Salaries & Wages account. Approve: FC-124 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. and (Bill 147 continues on the next page.) Page 10 Hawaii County Council-36 April 6,2022 Bill 147: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Transfer from General Fund account($106,000); and appropriates the same to the following Salaries &Wages accounts: Landfills ($92,000) and Pu`uanahulu West Hawaii Landfill ($14,000). Approve: FC-125 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. ; and Bill 148: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Transfer from General Fund account($15,000); and appropriates the same to the Golf Course Salaries & Wages account. Reference: Comm. 690 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-126 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 11 Hawaii County Council-36 April 6,2022 Bill 150: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Transfer from General Fund account($6,500); and appropriates the same to the Homeless Taskforce account. Funds would be used to assist with the establishment of the Weller House Transitional Housing Project located in Ocean View. Reference: Comm. 705 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 107: AMENDS ORDINANCE NO. 18-115, WHICH RECLASSIFIED LANDS FROM OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG-la) AT HONOKOHAU IST AND 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEYS: 7-4-008:013, 030, 074, 076-078, 084, 085 & 090-100 (FORMERLY TMK: 7-4-008:013 & 030) (Applicant: West Hawaii Business Park, LLC) (Area: Approx. 282.367 acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment, which amends Condition J(Kamanu Street Construction Timing) and adds Condition N (Roadway/Driveway Requirements Related to Development of Parcel 77) and Condition O (Ownership Transfer and Development of Parcel 90). The properties are located along the east(mauka) side of Queen Ka`ahumanu Highway in Honok6hau, North Kona. Reference: Comm. 575 Intr. by: Ms. Kierkiewicz (B/R) First Reading: March 23, 2022 (Vote on Bill 107 is on the next page) Page 12 Hawaii County Council-36 April 6,2022 AMENDED TO DRAFT 2 AND PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 112: AMENDS SECTION 25-8-13 (PUAKO-`ANAEHO`OMALU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN(0) AND MULTIPLE-FAMILY RESIDENTIAL—8,000 SQUARE FEET (RM-8) TO MULTIPLE-FAMILY RESIDENTIAL—6,000 SQUARE FEET (RM-6) AND SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-9-008:021, POR. 027, POR. 028, AND POR. 031 (Applicant: Waikoloa Land Company) (Area: 45.932 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to develop "Area A" of the proposed Kumu Hou project, to consist of up to 264 multi-family residential units, up to 25 single-family residential lots, and associated infrastructure. The properties are located between the 75- and 76-mile markers on Queen Ka`ahumanu Highway and west(makai) of the highway to the King's Highway Foot Trail, `Anaeho`omalu and Waikoloa. Reference: Comm. 595 Intr. by: Ms. Kierkiewicz (B/R) First Reading: March 23, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, and Richards —6. Noes: Council Members Inaba, Villegas, and Chair David—3. Absent: None. Excused: None. Page 13 Hawaii County Council-36 April 6,2022 Bill 115: AMENDS SECTION 25-8-13 (PUAKO-`ANAEHO`OMALU ZONE MAP), (Draft 3) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN(0), MULTIPLE-FAMILY RESIDENTIAL—4,000 SQUARE FEET (RM-4), MULTIPLE-FAMILY RESIDENTIAL—6,000 SQUARE FEET (RM-6), MULTIPLE-FAMILY RESIDENTIAL—8,000 SQUARE FEET (RM-8) AND VILLAGE COMMERCIAL— 10,000 SQUARE FEET (CV-10) TO PROJECT DISTRICT (PD) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEYS: 6-9-008: POR. 013, 022, 025, POR. 029 AND 033 (Applicant: Waikoloa Land Company) (Area: 133.822 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to develop "Area B" of the proposed Kumu Hou project, to consist of 900 multi-family residential timeshare units, private community centers, a convenience retail center, golf support facilities, an operations facility,public parks and recreational amenities, and associated infrastructure. The properties are located between the 75- and 76-mile markers on Queen Ka`ahumanu Highway and west(makai) of the highway to the King's Highway Foot Trail, `Anaeho`omalu and Waikoloa. Reference: Comm. 601.19 Intr. by: Ms. Kierkiewicz (B/R) First Reading: March 23, 2022 AMENDED TO DRAFT 4 AND PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, and Richards —6. Noes: Council Members Inaba, Villegas, and Chair David—3. Absent: None. Excused: None. Bill 125: AMENDS CHAPTER 4, OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), RELATING TO ANIMALS Amends and adds definitions relating to injuries caused by Dangerous Dogs, revises penalties for those who are convicted of negligent failure to control a Dangerous Dog, adds provisions for habitual negligent failure to control a Dangerous Dog, and adds additional penalties for violations of Dangerous Dogs regulations. Reference: Comm. 642.6 Intr. by: Ms. Kierkiewicz First Reading: March 23, 2022 (Vote on Bill 125, Draft 2, is on the next page.) Page 14 Hawaii County Council-36 April 6,2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 128: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Decreases the County of Hawaii—Tenant Based Rental Assistance Program account($2,035,200) and the University Heights Home Reconstruction account ($289,800); and appropriates the funds to the Hale Na Koa O Hanakahi Independent Senior Housing account($2,325,000). Reference: Comm. 647 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: March 23, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 129: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal - Emergency Rental Assist Program COVID-19 (ERA2 PT) account($5 million); and appropriates the same to the Emergency Rental Assistance Program COVID-19 (ERA2 PT) account ($4.5 million) and the Emergency Rental Assistance Program COVID-19 (ERA2 PT) —Administration account($500,000). Funds would be used to assist Hawaii County households that directly or indirectly experienced financial hardship due to the COVID-19 pandemic and can demonstrate a risk of experiencing homelessness or housing instability. Reference: Comm. 648 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: March 23, 2022 (Vote on Bill 129 is on the next page) Page 15 Hawaii County Council-36 April 6,2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 130: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR JUNE 30, 2022 Increases revenues in the Office of Housing and Community Development's Community Development Block Grant(CDBG) Program Income account ($200,000); and appropriates the same to the Ulu Wini Low Income Housing Wastewater Treatment Plant—Repairs account, bringing the total appropriation to $350,000. Reference: Comm. 649 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: March 23, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 16 Hawaii County Council-36 April 6,2022 Bill 131: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022 Increases the Environmental Management Hilo Wastewater Treatment Plant Upgrades-Phase I project by $13 million, bringing the total appropriation to $18 million. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources and would be used towards the design of an all-encompassing renovation of the Hilo Wastewater Treatment Plant. Reference: Comm. 653 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: March 23, 2022 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 132: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE (Draft 2) COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $149,500,000 in General Obligation Bonds to fund certain Capital Improvement Projects including: design and construction costs for renovation of the Hilo Wastewater Treatment Plant; Public Works facility repair and maintenance; Parks and Recreation facility repair and maintenance; repair and maintenance at County Housing projects; Animal Control facilities acquisition and maintenance; Solid Waste facilities repair and maintenance; and Bond Issuance Costs. Reference: Comm. 654.2 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: March 23, 2022 (Vote on Bill 132, Draft 2, is on the next page.) Page 17 Hawaii County Council-36 April 6,2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 134: AMENDS SECTION 25-8-34 (PAPAIKOU-ONOMEA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO FAMILY AGRICULTURAL—TWO ACRES (FA-2a) AT KALAOA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-7-008:130 (Applicant: Garvin and Laura Goode) (Area: Approx. 9.581 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to seek subdivision of the property into three lots for conveyance to family members and continued operation of an approved bed and breakfast establishment. The property is located at 27-2365 Hawaii Belt Road, 300 feet west(mauka) of its intersection with Kalaoa Camp Road in South Hilo. Reference: Comm. 656 Intr. by: Ms. Kierkiewicz (B/R) First Reading: March 23, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: None. Excused: Council Member Kimball — 1. Page 18 Hawaii County Council-36 April 6,2022 Bill 142: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the State Grants —Kukuiola Assessment Center and Emergency Shelter account($4,000,000), and appropriates the same to the Kukuiola Assessment Center and Emergency Shelter account. Funds would be used for the planning, design, and construction of the public access road to the Kukuiola Assessment Center and Emergency Shelter. Reference: Comm. 681 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: March 23, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 143: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Federal Grants —Housing Choice Voucher Program account($450,000); and appropriates the same to the Voucher Rental Subsidies account, bringing the total appropriation to $21,450,000. Funds would be used for rental assistance for eligible program participants. Reference: Comm. 682 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: March 23, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 19 Hawaii County Council-36 April 6,2022 Bill 144: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Fund Balance from Previous Year account($50,000), and appropriates the same to the Kulaimano Operations Maintenance account. Funds would be used for a design and feasibility study for adding buildings to the Kulaimano Elderly Housing project. Reference: Comm. 683 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: March 23, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. REPORTS PC-51 NOMINATION OF ZAHEVA KNOWLES TO THE LEEWARD PLANNING (Comm. 666): COMMISSION Requires Council Confirmation by: April 9, 2022 (Section 13-4(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. PC-52 NOMINATION OF MICHAEL DELA CRUZ TO THE LEEWARD PLANNING (Comm. 667): COMMISSION Requires Council Confirmation by: April 9, 2022 (Section 13-4(k), Hawaii County Charter) (Vote on PC-52 is on the next page) Page 20 Hawaii County Council-36 April 6,2022 CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. PC-53 NOMINATION OF LOUIS V. DANIELE III TO THE WINDWARD (Comm. 668): PLANNING COMMISSION Requires Council Confirmation by: April 9, 2022 (Section 134(k), Hawaii County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. REFERRALS FOR EXECUTIVE SESSION Comm. 635: CHADWICK FUKUI; PENDING CIVIL CLAIM NO. 21-0036 From Deputy Corporation Counsel Lerisa L. Heroldt, dated February 8, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, submitted by Jamae K. K. Kawauchi, Esquire, on behalf of her client Chadwick Fukui. Postponed: March 9, 2022 (Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to close file on Comm. 635.) CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—8. Noes: None. Absent: None. Excused: Council Member Lee Loy — 1. Page 21 Hawaii County Council-36 April 6,2022 Comm. 699: CLAIM AGAINST THE COUNTY OF HAWAI`UTHE HERTZ CORPORATION; PENDING CIVIL CLAIM NO. 22-0001 From Claims Adjustor/Investigator Clifford D. Victorine HI, dated March 17, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced automobile accident claim occurring on or about April 30, 2021, submitted by The Hertz Corporation. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. The Council anticipates convening an executive meeting regarding the above matters,pursuant to Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 1:50 p.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation `By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by April 4, 2022. If a response is received after April 4, 2022, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Council Members may also be present at the West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A, and/or participating via interactive conference technology from other locations. Live stream of County Council Meetings: To view the live stream of this meeting, at the scheduled meeting start time, type the following into the address bar of the browser: http://hawaiicounty.granicus.com/ViewPublisher.php?view—id=1. Please call 961-8255 if the Council's Page 22 Hawaii County Council-36 April 6,2022 streaming location is not functioning. If the Council's stream is deemed inoperable, the following address will be provided for the live stream and should be typed into the browser: https://www.youtube.com/channel/UCJNalwg40oK7a-7nGnEtGPA. Items listed on the agenda are available on the County website at www.hawaiicounty.gov by clicking on Council Records and navigating to the current agenda. For any questions, please contact Council Services at 961-8255. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url)to videotestimony(a]hawaiicouno�.go before 12:00 noon on the business day prior to the meeting. The email shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video submittal. Each video submittal shall be limited to a single agenda item. Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Page 23